Fernando v State of New South Wales [2017] NSWDC 387

District Court New South Wales

Medium Neutral Citation: Fernando v State of New South Wales [2017] NSWDC 387 Hearing dates: 9 – 11 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the defendant against the plaintiff.

Plaintiff to pay the defendant's costs on the ordinary basis until 27 April 2017 and thereafter on an indemnity basis. Catchwords: TORTS – POLICE TORT CLAIM – FALSE IMPRISONMENT – Plaintiff arrested for hindering police in the arrest of her grandson for whom two warrants had been issued – Whether arguable case that plaintiff had hindered police – Meaning of "hinder" – Words may constitute – Whether arrest justified to prevent fabrication of evidence Legislation Cited: Civil Liability Act 2002 Crimes Act 1900 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: DPP v Aydogan (2006) 67 NSWLR 727; [2006] NSWSC 558 Jones v Daire (1983) 32 SASR 369 Leonard v Morris (1975) 10 SASR 528 R v Galvin (No 2) [1961] VR 740 R v Weston [2012] NSWSC 1498 Rook v State of New South Wales No 3 [2015] NSWDC 154; (2015) DCLR(NSW) 204 State of New South Wales v Robinson [2016] NSWCA 334; (2016) 93 NSWLR 280 State of New South Wales v Smith [2017] NSWCA 194 Taufahema v The Queen [2006] NSWCCA 152 Worsley v Aitken (1990) 9 Petty Sessions Review 4074 Category: Principal judgment Parties: Patricia Dawn Fernando (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Ms G Lewer (Plaintiff) Mr R Lee (Defendant)